Computers Seized From Home of Blogger in iPhone Inquiry

Tuesday

Apr 27, 2010 at 4:17 AM

Gawker Media suggested that the action, part of an apparent investigation into the sale of a next-generation iPhone, violated California’s shield law for journalists.

Gawker Media said Monday that computers belonging to one of its editors, Jason Chen, were seized from his home on Friday in an apparent investigation into the sale of a next-generation Apple iPhone. Gawker suggested the action violated California’s shield law for journalists.

The technology blog Gizmodo, which Gawker owns, published articles last week about the phone after buying the device for $5,000 from a person who, according to the site, found it at a bar in California last month.

The authorities in San Mateo County are considering criminal charges in connection with the sale of the phone, which Gizmodo returned to Apple last week. Some media writers have said that Gawker Media could find itself in legal trouble if the phone was classified as stolen.

Last week, people familiar with the investigation said charges would most likely be filed against the person or people who sold the prototype iPhone, and possibly the buyer. The people were not authorized by their employers to speak on the record.

According to the warrant, officers had probable cause that Mr. Chen’s home “was used as the means of committing a felony.”

Gawker’s chief operating officer, Gaby Darbyshire, said in a letter to the authorities on Saturday that shield laws protected Mr. Chen and his computers. She said Gawker expected the immediate return of his property.

“Under both state and federal law, a search warrant may not be validly issued to confiscate the property of a journalist,” Ms. Darbyshire wrote. “Jason is a journalist who works full time for our company,” she continued, adding that he worked from home, his “de facto newsroom.”

“It is abundantly clear under the law that a search warrant to remove these items was invalid. The appropriate method of obtaining such materials would be the issuance of a subpoena,” she wrote.

Gizmodo published her letter Monday. She did not respond to a request for comment, but she wrote on Twitter that Gawker employees met “in person with the authorities” on Monday.

Stephen M. Wagstaffe, the San Mateo County chief deputy district attorney, said Mr. Chen’s computers had not yet been searched and he cited “further consideration” of the legal issues brought up by Gawker. “We are holding onto the computer; we are not searching it yet,” he said.

The investigating officer in the case, Matthew Broad, works for the Raid Enforcement Allied Computer Team, a computer task force. Detective Broad said he had been told not to speak about the case. Apple is a member of React’s steering committee, according to a San Jose Business Journal article published last year. Officers who answered the phones at the task force’s office declined to confirm Apple’s status on the steering committee.

Gawker was clearly girding for a legal fight before the officers arrived. Ms. Darbyshire sent an e-mail message to Mr. Chen on Friday outlining shield laws for journalists.

“Are bloggers journalists? I guess we’ll find out,” Nick Denton, the founder and president of Gawker Media, wrote in an instant message Monday.

Legal experts said there was little doubt that bloggers qualified. “Of all places, California is probably the most clear that what Gizmodo does and what Jason Chen does is journalism,” said Sam Bayard, a fellow at Harvard’s Berkman Center for Internet & Society.

He said the case could hinge on whether there is an exception in the law involving a journalist committing a crime, “in this case receipt of stolen property. He said “this seems unlikely based on the plain language of the statute.”

The dispute began early last week when Gizmodo published photos of the device.

After speculation as to the authenticity of the device, Apple’s lawyers sent Gizmodo a letter asking that the phone be returned, and the Web site did so.

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